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ARTICLI/ 3 Impositions and Utilities 3.1 Payment of Impositions. Except as provided elsewhere in this Article 3, Lessee shall pay all Impositions before the same become delinquent, and Lessee, at the request of Lessor, shall furnish to Lessor receipts or copies thereof showing payment of such Impositions. Lessee shall be entitled to pay any Impositions in installments as and to the extent the same may be permitted by the applicable taxing authority or claimant. Lessor agrees to cooperate with Lessee in seeking the delivery of all notices of Impositions to Lessee directly from the applicable taxing authorities. Lessor shall promptly deliver all notices of Impositions to Lessee which are delivered to Lessor. In no event shall Lessee be in default under this Lease for failure to pay any Impositions before the same become delinquent far which the notice of such Impositions shall have been delivered to Lessor and not forwarded or delivered to Lessee at least thirty (30) days before the date the same become delinquent. 3.2 Contest of Impositions. If the levy of any of the Impositions shall be deemed by Lessee to be improper, illegal or excessive, or if Lessee desires in good faith to contest the Impositions for any other reason, Lessee may, at Lessee's sole cost and expense, dispute and contest the same and file all such protests or other instruments and institute or prosecute all such proceedings for the purpose of contest as Lessee shall deem. necessary and appropriate. Subject to the foregoing, any item of contested Impositions need not be paid until the earlier of (i) the time it is finally adjudged to be valid; or (ii) such time as the entity assessing the Impositions commences foreclosure proceedings or similar action against the Leased Premises or Lessor's interest therein, it being agreed that Lessee may nat take any action or fail to pay any Impositions if such action or failure would result in the commencement of any such foreclosure procedures or similar action. Lessee shall be entitled to any refund of any Impositions (and the penalties or interest thereon) refunded by the levying authority pursuant to any such proceeding or contest, if such Impositions shall have been either (a) paid directly by Lessee, or (b) paid directly by Lessor and Lessor was reimbursed therefor by Lessee. 3.3 Standing. If Lessee determines that it lacks standing to contest any Impositions imposed by a governmental authority other than any Lessor Entity or to obtain an extended payment period for any such non-Lessor Entity Impositions, Lessor (to the maximum extent allowed by law) and at Lessee's expense shall join in such contest or otherwise provide Lessee with sufficient authority to obtain such standing. 3.4 Certain Provisions Related to AV Taxes and Special Imt~ositions. Lessor and Lessee acknowledge that the Leased Premises, other than Lessee's leasehold interest therein, presently are presumed to be exempt from AV Taxes under the laws of the State of Texas as of the Commencement Date, and it is the intention of the Parties that during the Term, Lessee not incur any AV Taxes relating to the Leased Premises other than as such AV Taxes pertain to Lessee's leasehold interest in such Leased Premises or to any personal property of Lessee located in or about the Leased Premises. Lessor, at the request and sole expense of Lessee, agrees to jointly take and pursue such lawful actions with Lessee, including, if necessary, judicial actions, as may be available, to protect and defend the title of Lessor in and to the Leased Premises, against the levy, assessment or collection of AV Taxes. If, for any reason, the Leased Premises or interest of Lessor or Lessee in and to any of the Leased Premises should no longer be exempt 5 2025904, i